Shashi Ranjan Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31616 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SHASHI RANJAN AZAD SON OF KAMESHWAR SHARMA R/O MOHALLARASTRIYA GANJ, BIRLA COLONY, P.S.- PHULWARISHARIF, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Excise Case No. 220 of 2022 registered for the offence under Section 30(a), 56(b) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 09.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was total recovery of 69.750 litres of illicit country made foreign liquor. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from a car and

Patna High Court CR. MISC. No.31616 of 2022(2) dt.11-08-2022 2/3 petitioner was the driver of the said vehicle, as such it cannot be said to be recovered from the conscious physical possession of the petitioner. It is submitted that nothing surfaced during the course of investigation, which may suggest that petitioner was aware of the illegal consignment of illicit liquor loaded in the vehicle. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Excise Case No. 220 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Judge No. 3, Gaya subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- Minu/-

Patna High Court CR. MISC. No.31616 of 2022(2) dt.11-08-2022 3/3 U T